A guide to the pro bono practices of NSW s largest law firms

Transcription

1 A guide to the pro bono practices of NSW s largest law firms Published by New South Wales Young Lawyers and the National Pro Bono Resource Centre

2 A guide to the pro bono practices of NSW s largest law firms Premier Sponsors Sponsors

3 A guide to the pro bono practices of NSW s largest law firms 2008 PUBLISHED BY NEW SOUTH WALES YOUNG LAWYERS AND THE NATIONAL PRO BONO RESOURCE CENTRE

4 Pro Bono Practices New South Wales Young Lawyers (NSWYL) is a vibrant organisation of lawyers under 36 years of age, or in the first 5 years of practice, and all law students. While our organisation is a division of the Law Society of NSW, we are a very distinct group of lawyers with our own energy and voice in the profession and the community. NSWYL is committed to engaging in pro bono and community services work. This is organised through the Pro Bono and Community Services TaskForce (Taskforce). The Taskforce compiled and wrote this publication in order to inform the broader legal community about the opportunities for pro bono work in our profession and to encourage greater participation for the benefit of our community. The Taskforce brings together volunteer lawyers and law students from diverse backgrounds, all of whom share a common goal of using their legal and personal skills to benefit the community by improving access to justice. We encourage you to visit our website ( to find out more about NSWYL and the work of the Taskforce. The National Pro Bono Resource Centre (the Centre) is an independent, nonprofit organisation that: encourages the provision of pro bono legal services; supports lawyers and law firms in the delivery of high quality pro bono legal services; and works with the profession and the community to match services with clients and groups most in need of assistance. The Centre promotes and supports pro bono work by publishing information, providing opportunities for collaboration, undertaking research and promoting the exchange of ideas and information. Its flagship publication is the Australian Pro Bono Manual, a practice guide and resource kit for law firms, available online on the centre s website at: In 2007 the Centre published Mapping Pro Bono In Australia, an important account of the Australian pro bono landscape as at the end of It regularly publishes Pro Bono News, a free e-newsletter sent to over 650 subscribers nationally and internationally. To subscribe, and to find out more about the resources and activities of the Centre, you are encouraged to visit its website at The Centre receives financial assistance from the Commonwealth and State and Territory Attorneys- General Departments and support from the University of New South Wales where it is based in the Law Centre Precinct in the Law Building. Contact the Centre by telephoning or by to info@nationalprobono.org.au 2

5 Pro Bono Practices Contents Foreword...4 Introduction...6 Analysis...8 Firm Profiles 1. ALLENS ARTHUR ROBINSON ARNOLD BLOCH LEIBLER BAKER & MCKENZIE BLAKE DAWSON CLAYTON UTZ CORRS CHAMBERS WESTGARTH DEACONS DLA PHILLIPS FOX EBSWORTH & EBSWORTH FREEHILLS GADENS GILBERT + TOBIN HARMERS WORKPLACE LAWYERS HENRY DAVIS YORK HOLDING REDLICH HUNT & HUNT MALLESONS STEPHEN JAQUES MAURICE BLACKBURN MIDDLETONS MINTER ELLISON PRICEWATERHOUSECOOPERS LEGAL SPARKE HELMORE LAWYERS

6 Pro Bono Practices Foreword The Hon Justice Michael Kirby AC CMG Justice of the High Court of Australia Patron of NSW Young Lawyers When I was a young lawyer, pro bono practice was haphazard, unpredictable and largely dependent on the individual inclinations of legal practitioners. I did a lot of it. But this was also somewhat accidental. Part of my brilliant campaign to be re-elected President of the Sydney University SRC, rested on my early work as Honorary Solicitor for the students. The cases ranged from winning student appeals against exclusion; beating charges of fare evasion; upholding student efforts to desegregate cinemas in outback towns of the State; to (later) defending conscientious objectors against the Vietnam War. My noble efforts were rewarded with re-election as SRC President and later election to the University Senate. I discovered that pro bono work could be interesting and worthwhile. It could also help to make one s name. Later, I accepted a lot of pro bono cases for the NSW Council for Civil Liberties. Fortunately, the senior partners of my firm, Bruce Holcombe and Roger Lakeman, brilliant lawyers, encouraged this work. They knew that it kept up my interest in law. They also supported paying back to society for the advantages they derived from a prosperous legal business. Nowadays, pro bono work in the legal profession is more organised and on a much larger scale. It is an important part of a contemporary legal practice. The High Court avails itself of pro bono assistance in many cases. Sometimes, where a refugee applicant or some other litigant with little if any means appears to have an arguable case, the Court explores the availability of pro bono representation through the professional associations. Rarely does it prove impossible to help the needy. In an important recent case before the High Court, Roach v Electoral Commission [2007] HCA 43, an Aboriginal Australian, serving a term of imprisonment, challenged the validity of federal legislation that purported to exclude all prisoners serving a term of imprisonment from participation in the federal elections. The challenge, which could otherwise probably not have been brought, was supported with pro bono assistance provided by one of the legal firms mentioned in this book. The challenge succeeded in part. I pay tribute to the standard of presentation which the Court received of very important constitutional issues concerned with the basic rights of prisoners as electors of the Commonwealth. Our system of justice does not really work very well in most court cases unless the parties are legally represented. In courts and tribunals, it often depends upon the availability of equality of arms. The decision of the High Court in Dietrich v The Queen (1992) 177 CLR 292 effectively ensures that, at trial, in all serious criminal charges, most accused will be competently represented. However, the same is not true of appeals. Nor is it true in civil litigation. Proper representation in such cases should not depend on charity. Yet, in many cases, it depends, in practice, on a public spirited attitude on the part of busy lawyers who are prepared to represent litigants with proper cases, so as to ensure the chance of getting justice. 4

7 FOREWORD I praise the members and staff of the legal firms mentioned in this book for their participation in making equal justice under law a reality in many cases where access to justice might otherwise have been denied. I praise NSW Young Lawyers and the National Pro Bono Resource Centre for their initiatives in compiling this useful book. However, we should not allow the pro bono work, described in this guide, to deflect us, as members of the legal profession in Australia, from solving the problems of access to justice more conceptually. Access to justice is one of the great challenges that our profession faces. We must all help to put access to justice on a firmer foundation. Meantime, the availability of pro bono programmes in leading firms is undoubtedly a most useful and honourable expedient. As I discovered, so many years ago, it is also fulfilling and stimulating for the participants. When the mists of time envelop the routine cases, and one thinks back on the hard fought triumphs of one s past, more often than not the cases that spring to mind are those that were performed pro bono. And that teaches us the important lesson that rewards, in life, are frequently non-material and spiritual. The law is a profession concerned with a deep spiritual wellspring: the quest for equal justice under law for all. High Court of Australia Canberra, 1 December

8 Pro Bono Practices Introduction The Young Lawyer of today is the face of the profession tomorrow. She and he will determine what the public thinks of the legal profession and their faith in our legal institutions. An integral part of the profession is the selfless work done by countless lawyers for those individuals and organisations who could not otherwise obtain access to legal services. Undertaking pro bono work enables lawyers to contribute positively to their communities and often provides immense personal satisfaction. For young lawyers it can offer important opportunities to extend legal knowledge and skills and, through hands-on involvement, bridging that gap between law in theory and law in practice. All lawyers have a professional responsibility to aid access to justice. Involvement in delivering pro bono services to the disadvantaged and/or in the public interest is an important way in which the legal profession fulfils this responsibility. Lawyers do this in a number of ways. Many play a vital role as volunteers at community legal centres (CLCs), often as part of an evening advice session. Law students contribute as paralegals, often 1 through law school s clinical legal education programs. Other lawyers contribute to law reform, community legal education programs and policy work. Individual lawyers, from sole practitioners and in larger firms to barristers, in-house government and corporate lawyers, also provide a range of services in many areas of law through in-house programs and other service delivery programs (such as Homeless Person Legal Clinics). In all, they make a significant contribution to the many hours of pro bono assistance given each year throughout the state. Methodology The Guide was created by the Taskforce to provide more information about the pro bono practices of large firms. In 2005, the Taskforce saw that while many firms offered pro bono opportunities within their commercial practices, there was a need for an independent and comprehensive guide so that lawyers and law students could compare and contrast them. The Guide aims to address this problem by collating up-to-date details of all the largest firms and their pro bono practices. It began with a survey which included questions capturing the types of pro bono work undertaken by the firm, the level of staff participation in pro bono, and eligibility criteria for the provision of pro bono work. This survey was sent out to 55 firms, with responses being received from 16. Although a draft Guide was produced from the responses, no final publication was created due to a lack of resources. Earlier this year the project was reinvigorated by the Taskforce and the Centre, with the assistance of its two social justice intern students, Sonya Redman and Hai-Van Nguyen (the interns). A slightly different approach was taken. The 40 largest firms in NSW (by number of lawyers) were invited to participate. Instead of mailing out surveys, the interns under supervision, undertook the task of creating draft profiles of the firms. 1 A full list of CLCs nationally and opportunities to assist can be found at the CLC volunteers website at 6

9 Introduction For the firms that had responded in 2005, the profiles were created from 2005 survey responses, the corporate knowledge of the Centre and the Taskforce and from firm websites. For firms that had not previously been contacted, or had not provided a response in 2005, a template profile was created. The purpose of creating these draft profiles was to make it easy for firms to update/provide the required information. Once completed, the profiles were mailed out to the relevant firms who were asked to peruse and comment on the profiles as required. The interns spent several weeks conducting follow up telephone calls to encourage firms to finalise their profiles. Some firms indicated early on that they were not in a position to participate. This first edition of the Guide contains details of the pro bono programs of 22 of the state s largest law firms as well as some analysis to assist readers with an overview of key elements of a pro bono program. It is hoped this will encourage greater familiarity and participation in pro bono work by all lawyers as well as permitting firms to specialise their practices. Law students, graduates and young lawyers in the job market will also be able to use the guide as a standard reference to make an informed choice by using a firm s pro bono practice as a criterion of distinction. In the coming years, we anticipate the Guide will become a regular periodic publication that will include more firms and become more comprehensive with each edition. We would like to extend our appreciation to the following people for their contribution. In 2005 to 2006, the Taskforce members who worked with Davyd on the survey and publication were Peta Dean, Marie Filippeli, Helen Gregoriou, Tory Kakoschke, Stacey Kelly, Sarah-Jane Morris, Rebecca Ordish, Mariko Ralph, Elizabeth Ricossa, Irem Sevinc and Sharon Wang. In 2007, the Centre s Lynne Spender and Amanda Lennestaal and the interns, Hai-Van Nguyen and Sonya Redman. We also thank Rebecca Ordish, Leah Gubecka, Robert Ishak and Claire Prenter for reviewing the proof and Natasha Galea for getting the text ready for publication. While we are grateful for each person s contribution, ultimate responsibility for the text must lie with us. In that respect, we would be grateful for any comments or feedback. Davyd Wong Director Taskforce NSW Young Lawyers John Corker Director National Pro Bono Resource Centre 7

10 Pro Bono Practices Analysis This section provides an overview of the information provided by the participating firms and identifies commonalities and differences between the various programs. Size Of the 22 firms that provided entries for the Guide, approximately half of them have over 45 partners and over 150 lawyers. Amongst the remaining firms, there is a fairly even spread between those with 35 to 45 partners and 100 to 150 lawyers; and those with fewer than 10 partners and fewer than 20 lawyers. Size, however, is not necessarily an indication of a firm s commitment to pro bono activities. The information provided reveals that smaller firms often have pro bono practices that are just as extensive as those implemented by the larger firms. Mandatory or Voluntary All 22 firms indicated that they have formal, written pro bono policies. However, only one firm indicated that they make pro bono work a mandatory requirement amongst their lawyers. In a similar vein, only five of the 22 firms in the Guide are signatories to the National Pro Bono Aspirational Target 2. Lawyer Participation Rate Estimates of the level of lawyer participation in pro bono work within their firms was provided by 16 firms. The data is set out in Table 1.1 below. % Pro Bono participation No. of Firms Table 1.1 Levels of participation in pro bono Gender One of the early issues identified by the Taskforce was an apparent gender imbalance between participants engaged in pro bono work, with an apparent tendency for women to be more likely to participate. Unfortunately only five firms provided estimates of the gender divide of pro bono work performed which limits the statistical veracity of the survey results, however three of the four firms confirmed a clear imbalance. Two firms indicated that the ratio is approximately 75:25 in favour of female lawyers; one firm estimated the ratio to be 63:35 in favour of female lawyers; and two firms suggested that there is a roughly even split. Types of Pro Bono Work Most of the firms provide similar types of pro bono work. Nearly all firms (19 firms) indicated that they provide free or discounted legal advice to individuals and nonprofit organisations. Roughly half 2 The National Pro Bono Aspirational Target was launched by the National Pro Bono Resource Centre on 26 April The target is a voluntary and encourages lawyers to perform at least 35 hours of pro bono legal work per lawyer per year. Signatories to the target include individual solicitors and barristers, law firms and chambers of barristers. 8

11 analysis of the firms indicated that they undertake other forms of pro bono work for the public good or in the public interest. These include: writing law reform submissions (10 firms); conducting external community legal education (CLEs) and seminars (10 firms); offering secondments to community organisations and / or CLCs (eight firms); and participating in evening advice sessions at CLCs (six firms). Areas of Pro Bono Legal Assistance The most common areas of pro bono legal assistance are: Administrative Law Association Incorporation Commercial/Tax Consumer/Trade Practices Discrimination Employment/Industrial Relations Environmental/Planning Fines/Debt Recovery Housing/Tenancy Litigation Victims Compensation It was also interesting to note that (much like their commercial practices) half of all responding firms indicated particular areas they were targeting with their pro bono and community services programs. Eligibility Criteria Most firms have similar eligibility criteria for assessing applications for pro bono legal assistance. Eight firms apply general criteria, while 12 firms apply different criteria for specific types of pro bono work. Generally, firms with specific eligibility criteria adopt a means and merits assessment when determining whether or not to provide assistance to individuals. Assistance for nonprofit organisations is often determined by reference to the type of work those organisations do. Four firms indicated that they provide assistance to organisations that work on behalf of disadvantaged or marginalised individuals, while three firms indicated that they assist organisations that work to promote social justice or the public interest. Ways Pro Bono Work is Encouraged Amongst Staff Thirteen firms recognised pro bono work done as part of a lawyer s billable hours and in annual performance reviews. Four firms only counted the work as part of a lawyer s billable hours and three firms only considered it as a performance criteria in annual reviews. One firm provided neither. In future, it would be interesting to determine in depth whether budget recognition improves participation rates. Community Service Most firms also perform some form of community service; 13 firms have written community service policies and 15 firms have workplace giving programs. Only four firms provide their staff with one day of community service leave per year. Growth Encouragingly 15 firms reported they were either actively looking to grow their pro bono practices or maintain the current level of commitment. No firm responded with an intention to decrease their commitment to pro bono work within their firms. 9

12 Pro Bono Practices The Firms 10

13 FIRM PROFILES Allens Arthur Robinson AAR Allens Arthur Robinson AAR Sydney Office Location Level 28, Deutsche Bank Place Corner of Hunter & Phillip Streets Sydney NSW 2000 P: (02) F: (02) The People Over 45 Partners (Sydney Office) Over 150 Lawyers (Sydney Office) Other Australian Offices Brisbane, Melbourne, Perth The Contacts National Co-ordinator Nicky Friedman P: (03) E: Pro Bono Philosophy The benefits of participating in pro bono work include the opportunity to contribute to the community, increased job satisfaction and diversification and development of skills. SNAPSHOT Encourages and undertakes pro bono work Pro bono work is a mandatory requirement Has written pro bono policy Has pro bono co-ordinator or committee Pro Bono work counted towards lawyers billable hours Pro Bono work taken into account in performance appraisal Meets external disbursements for pro bono work Has a charitable foundation Has a workplace giving program Has a community service program 11

14 Pro Bono Practices Practice Areas of the Firm Administrative Incorporation of Associations Commercial Litigation/Corporate/Tax/Compliance Consumer/Trade Practices Defamation Discrimination Employment/Industrial Environment/Planning Immigration Insurance/Superannuation Intellectual Property Privacy Property Overview AAR is a foundation signatory to the National Pro Bono Aspirational Target and has a written pro bono policy. Responsibility for coordinating pro bono work lies with a Committee of 10, a dedicated National Pro Bono Co-ordinator and four part time local co-ordinators. AAR does not require all lawyers to do pro bono work, but every lawyer is encouraged to participate. An average of around 40% of lawyers and partners perform pro bono work each year. Lawyers with less than four years of experience do the highest proportion of pro bono work. The gender split of those who perform pro bono work at AAR is unknown. Areas of Specialisation or Interest AAR s pro bono efforts prioritise legal issues relating to Indigenous Australians, those who require protection of their human rights, including refugee rights, those with a mental illness and the disadvantaged, including the homeless. The firm does pro bono work mainly in the following areas: Commercial /Tax Employment/Industrial Incorporation of Associations Property Discrimination Homelessness issues Types of Pro Bono Work Undertaken AAR carries out pro bono work in the following ways: Free or discounted legal work for persons or groups who do not qualify for legal aid and cannot afford legal assistance; Free or discounted legal work for nonprofit organisations (e.g. charitable and community organisations); Non-fee work (regardless of whether a person is eligible for legal aid) for matters which meet public interest criteria; Free or discounted legal work for public good or public interest (e.g. community legal education or law reform); Secondments; 12

15 Advice nights at community legal centres; and Work at the Homeless Persons Legal Clinics. Eligibility Criteria The work must: FIRM PROFILES Allens Arthur Robinson AAR Establish or preserve the rights of individuals or nonprofit organizations in need; or Seek to further a particular public good or address an issue of broad community concern. Costs and Disbursements Policy The firm will generally cover up to $300 in disbursements. AAR will assist clients to seek waivers for filing fees if appropriate. Ways Pro Bono Work is Encouraged Amongst Staff Pro bono opportunities are communicated to employees through the firm s intranet and at induction sessions, as well as via individual requests from the senior practitioners and pro bono co-ordinators. The firm encourages lawyers to undertake pro bono work by giving pro bono work the same status as work for fee-paying clients in the time recording and billing systems, by establishing a pro bono practice group, providing messages of support from the Managing Partner, and introductory talks to all new graduates, articled clerks, summer clerks and vacation clerks. The pro bono work undertaken by AAR is counted as a part of lawyers billable or target hours and goes towards their annual budget. There is a separate section in the lawyers annual review or review process which refers specifically to their pro bono work. Sources of Referral AAR receives most of its pro bono work through: Direct requests from community organisations Referrals from staff members the various Public Interest Law Clearing House (PILCH) organisations, and Law Society and Bar referral schemes Community Service AAR does not have a formal, written community service policy. However, the firm supports a range of charitable and community activities each year, including fund raising drives, such as Jeans for Genes Day, and the Smith Family Ride Around the Bay. In Sydney, AAR participates in the Learning for Life program and the Literacy Enhancement Action Program (LEAP). Lawyers from AAR s Sydney office have the opportunity to assist children from disadvantaged schools to learn to read and/or mentor high school students within the structured framework of the LEAP program. Outlook The firm plans to continue to seek pro bono projects that fall within its priority areas. 13

16 Pro Bono Practices Arnold Bloch Leibler Sydney Office Location Level 24 Chifley Tower 2 Chifley Square Sydney NSW 2000 P: (02) F: (02) The People 1 to 5 Partners (Sydney Office) 11 to 20 Lawyers (Sydney Office) (excluding Partners) Other Australian Offices Melbourne The Contacts National Co-ordinator Peter Seidel P: (03) E: pseidel@abl.com.au Sydney Office Co-ordinator Glen Selikowitz Paul Rubenstein P: (02) E: gselikowitz@abl.com.au prubenstein@abl.com.au Pro Bono Philosophy A commitment to giving back to the community has always been an essential value at Arnold Bloch Leibler The work that we do has never been and will never be regarded by the firm as the after hours stuff it is no mere feel good adjunct unrelated to our core business. we do the work because it is the right thing to do and are mindful of the many intangible benefits, such that it is integral to our business plan and inextricably linked to our culture and identity as a firm. SNAPSHOT Encourages and undertakes pro bono work Pro bono work is a mandatory requirement Has written pro bono policy Has pro bono co-ordinator or committee Pro Bono work counted towards lawyers billable hours Pro Bono work taken into account in performance appraisal Meets external disbursements for pro bono work Encourages and undertakes community services Has a charitable foundation Has a workplace giving program Has a community service program 14

17 FIRM PROFILES Arnold Bloch Leibler Practice Areas of the Firm Commercial Property Commercial Litigation Tax Employment & Industrial Relations Overview Arnold Bloch Leibler is a signatory to the National Pro Bono Resource Centre s Aspirational Target of 35 hours of pro bono work per lawyer per year. The firm exceeds the target by undertaking 51 hours per lawyer per year. Approximately 75-80% of Arnold Bloch Leibler s lawyers engage in pro bono work. The firm does not set a budgetary limit to its public interest law work. In the 2005/06 financial year the firm undertook over $2 million of pro bono work and community contributions, an impressive contribution, particularly for its size. The firm spent approximately 4,265 hours on pro bono work in the 2005/06 financial year. Arnold Bloch Leibler has a written pro bono policy and a committed staff member who co-ordinates the program. Mr Peter Seidel, the National Pro Bono Co-ordinator, was awarded the Human Rights and Equal Opportunity Commission s 2006 Human Rights Award in the Law Category. Arnold Bloch Leibler s key pro bono projects include: Thamarrurr Regional Council Jirrawun Arts & Health Jewish Holocaust Museum & Research Centre Arnold Bloch Leibler also works with Indigenous Australians and environmental and cultural groups, particularly the Jewish community. Types of Pro Bono Work Undertaken Arnold Bloch Leibler carries out pro bono work in the following ways: Corporate governance advice Tax concession advice for nonprofit organisations Test case litigation Human rights defences Costs and Disbursements Policy The firm provides unlimited internal disbursements for pro bono work. However, it does not cover any external disbursements. Ways Pro Bono Work is Encouraged Amongst Staff Pro bono work is encouraged by its prominence within the Arnold Bloch Leibler culture. Lawyers are regularly reminded of the pro bono practice opportunities through their intranet service, s, bulletins and induction sessions. 15

18 Pro Bono Practices Sources of Referral Arnold Bloch Leibler receives most of their referrals from: Word of mouth, client referrals Staff PILCH Community Service Arnold Block Leibler has a formal community service policy. Current community service initiatives run by the firm include: Make-a-Wish Foundation Reconciliation Australia First Nation Foundation Yachad Accelerated Learning Project Australian Conservation Foundation Greening Australia Voiceless Stephanie Alexander Kitchen Garden Foundation Outlook The firm has consistently been contributing to public interest causes for the past three years. The firm expects to continue to contribute the same level of commitment into the future. 16

19 FIRM PROFILES Baker & McKenzie Baker & McKenzie Sydney Office Location Level 27, A.M.P. Centre 50 Bridge Street Sydney NSW 2000 P: (02) F: (02) The People Over 45 Partners (Sydney Office) Over 150 Lawyers (Sydney Office) Other Australian Offices Melbourne The Contacts National Co-ordinator & Sydney Office Co-ordinator Jennifer McVicar Director Pro Bono & Community Service P: (02) E: Pro Bono Philosophy Our commitment to pro bono is genuine. At Baker & McKenzie, we believe that being a successful corporate lawyer and making a difference should not be mutually exclusive concepts. We believe that the provision of pro bono legal service is a fundamental professional responsibility of the legal profession. We equip our lawyers with the support and mentoring needed to ensure that they can make pro bono and community service a part of their professional lives. Every lawyer at Baker & McKenzie is expected to undertake pro bono work. It facilitates the development of key skills such as leadership, judgment, project management and client relationships. Moreover, it s challenging, creative, interesting, optimistic and meaningful and makes a difference. SNAPSHOT Encourages and undertakes pro bono work Pro bono work is a mandatory requirement Has written pro bono policy Has pro bono co-ordinator or committee Pro Bono work counted towards lawyers billable hours Pro Bono work taken into account in performance appraisal Meets external disbursements for pro bono work on case-by-case basis Has a charitable foundation Has a workplace giving program Has a community service program 17

20 Pro Bono Practices Practice Areas of the Firm Administrative Incorporation of Associations Banking and Finance Commercial Litigation/Corporate/Tax/Compliance Consumer/Trade Practices Defamation Discrimination Employment/Industrial Environment/Planning Intellectual Property Privacy Property Overview Baker & McKenzie first appointed a national pro bono co-ordinator in Responsibility for coordinating pro bono work lies with the dedicated National Pro Bono Director, who is supported by two full time staff. Baker & McKenzie reports that it offers a diverse array of pro bono opportunities, requiring differing levels of experience, skill and time commitment. This ensures that every lawyer has the opportunity to perform pro bono work. Lawyers are given the opportunity to undertake large or small matters, for charities, the homeless, cancer patients or street kids, or undertake challenging research and analysis tasks to support the rule of law. Baker & McKenzie has a written pro bono policy which states that every lawyer is expected to work on at least one pro bono matter each year, with an aspirational target of 50 hours per lawyer per year. All pro bono work is counted towards each lawyer s billable hours budget. All lawyers are assessed on pro bono work as part of their performance reviews and pro bono work is factored into bonus entitlements. The percentage of lawyers who perform pro bono work is around 75%, with the majority of the pro bono work being done by lawyers with two to five years experience. The gender ratio of those who perform pro bono work at Baker & McKenzie is 65% female and 35% male. Great emphasis is placed on supervision, support and training. Key features of Baker & McKenzie s pro bono program are that all pro bono matters are supervised by an experienced senior lawyer, frequent training sessions are held, and team work and mentoring are encouraged. Baker & McKenzie s key pro bono projects are: Homeless Persons Legal Service (HPLS) Youth Fines Project Cancer Patients Legal Service Public International Law projects Law reform initiatives 18

21 Areas of Specialisation or Interest Baker & McKenzie has a particular interest in assisting in: Fines/State Debt Recovery Office matters Early access to superannuation and powers of attorney for cancer patients Public International Law/Rule of Law The areas of greatest demand for Baker & McKenzie s pro bono work are: Incorporation of Associations, including setting up deductible gift recipient status Challenging fines Powers of Attorney/Early access to superannuation Housing/Tenancy issues Public International law projects Types of Pro Bono Work Undertaken Baker & McKenzie carries out pro bono work in the following ways: FIRM PROFILES Baker & McKenzie Free legal work for persons or groups who do not qualify for legal aid and cannot afford legal assistance; Free legal work for nonprofit organisations (e.g. charitable and community organisations); Non-fee work (regardless of whether a person can get legal aid) for matters which meet public interest criteria; Free legal work for the public good or in the public interest (e.g. community legal education or law reform); Through various projects (e.g. HPLS). Eligibility Criteria Baker & McKenzie acts for disadvantaged or marginalised individuals, charities and community organisations. Costs and Disbursements Policy The firm meets disbursements for pro bono work and while this is unlimited in some cases, prior approval must be sought from the pro bono co-ordinator and managing partner. Baker & McKenzie s Sydney office covers all internal disbursements, and covers external disbursements on a case by case basis. Ways Pro Bono Work is Encouraged Amongst Staff Baker & McKenzie states that pro bono is a part of the infrastructure of the firm, with a clearly communicated expectation from the National Managing Partner that all lawyers should work on at least one pro bono matter each year. Participation in pro bono work is encouraged through regular staff briefings, intranet, firm inductions, ad hoc communications, weekly newsletters and is reported on during practice group retreats. There is an aspirational target of 50 hours of pro bono each year for every lawyer. Pro Bono work is a dedicated section in all lawyers annual reviews. Pro Bono is considered a relevant factor when awarding bonuses. Pro Bono work is counted towards a lawyers billable hours budget. 19

22 Pro Bono Practices Sources of Referral The majority of Baker & McKenzie s pro bono work is referred from the Homeless Persons Legal Services, Cancer Patients Legal Service and Youth Fines Project. Other pro bono requests also come directly from community organisations. Community Service Baker & McKenzie has a written Community Service policy which is communicated to staff members through the intranet, internal article/reporting, weekly newsletters, on induction to the firm and occasional firm briefings. All lawyers and administrative staff are encouraged to undertake community service. Baker & McKenzie s policy is grounded in the belief that every member of Baker & McKenzie lawyer and non-lawyer alike has the energy, enthusiasm, ability and compassion to help those in need. Accordingly, their Community Service program is designed to provide all staff with the opportunity to participate in meaningful, rewarding community service activities, that can fit in with work and personal priorities and allow staff to use their skills to benefit those in need. Priority areas are youth, education, disability and asylum seekers. Community Service is undertaken through the following programs: Reach Out And Read! Primary School Reading Program; Lawyers Encouraging and Assisting Promising Students (LEAPS!) Mentoring Program for high school students; Willing & Able Mentoring Program for law students with disabilities; Pen Pal Program with regional primary schools; Asylum Seekers English Language Assistance Program; Fund raiser volunteering; Community awareness seminars. Outlook Baker & McKenzie reports that its pro bono program is still very much in its growth phase and will be expanding throughout the next 12 months, to respond to need in the community. This will be done by setting up new projects which match community need with the skills-sets and interests of its staff at every level, including senior lawyers. The Insider Liz Day Associate I was introduced to pro bono on my first week at starting at Baker & McKenzie. My supervisor also had a number of pro bono client matters on which I was encouraged to work. Baker & McKenzie has a dedicated pro bono program and team. I have felt very encouraged to undertake pro bono work. My experience in undertaking pro bono work has been very positive and rewarding, both on a personal and professional level. As a junior lawyer, I have gained great legal experience in being able to have a more active role with pro bono matters. Time spent on pro bono matters is recognised by the firm in meeting individual budget targets. Pro bono also involves working for some really interesting matters and clients. Recently, I was involved in providing legal advice and drafting carbon sequestration contracts for a nonprofit organisation that is involved in planting and managing carbon sinks and selling carbon credits to customers to offset their greenhouse gas emissions. 20

23 FIRM PROFILES Blake Dawson Blake Dawson Sydney Office Location Level 36 Grosvenor Place 225 George Street Sydney NSW 2000 P: (02) F: (02) The People Over 45 Partners (Sydney Office) Over 150 Lawyers (Sydney Office) Other Australian Offices Brisbane, Canberra, Melbourne, Perth The Contacts National Pro Bono Partner Anne Cregan P: (02) E: Sydney Pro Bono Co-ordinator Amelia-Jane Davis P: (02) E: Pro Bono Philosophy Pro bono work is part of a lawyer s professional obligation and should therefore be part of our lawyers day to day practice. Pro bono work allows our lawyers to fulfil that obligation while gaining knowledge of new areas of law, improving interview and case management skills and providing opportunities for personal growth. We work closely with the community legal sector and with our not-for-profit clients to understand the legal needs affecting people in our community and to identify clients who may benefit from our services. SNAPSHOT Encourages and undertakes pro bono work Pro bono work is a mandatory requirement Has written pro bono policy Has pro bono co-ordinator or committee Pro Bono work counted towards lawyers billable hours Pro Bono work taken into account in performance appraisal Meets external disbursements for pro bono work Has a charitable foundation Has a workplace giving program Has a community service program 21

24 Pro Bono Practices Practice Areas of the Firm Anti-Money Laundering Banking & Finance Commercial Property Company Law & Governance Competition & Consumer Protection Construction and Infrastructure Debt Capital Markets & Securitisation Employment Environment Equity Capital Markets Funds Management and Superannuation Government Health & Aged Care Hotels, Tourism & Gaming Intellectual Property International Arbitration IT, Communications & Media Litigation and Dispute Resolution Mergers & Acquisitions Native Title Patents Private Equity Product Liability Project, Asset & Structured Finance Resources & Energy Restructuring & Insolvency Retail Financial Services Tax Trade & Transport Workplace Training Overview Blake Dawson has a strong tradition of pro bono work and has had a formal national pro bono program since In 2007, Blake Dawson became a foundation signatory to the National Pro Bono Aspirational Target, undertaking to do an average of at least 35 hours of pro bono work per lawyer per year. The firm nationally dedicates an average of 2,000 hours per month to pro bono services. Of this figure, approximately 830 of those hours are performed by the NSW office. In the 2007 financial year the firm assisted 407 people and organisations in-house, and around 1400 people through its external programs. Blake Dawson has a dedicated National and State Pro Bono Partner, as well as National and State Pro Bono Co-ordinators. Blake Dawson s first National Pro Bono Co-ordinator, Anne Cregan, was appointed in 1999 and made a pro bono partner in July The firm encourages all lawyers to be involved on pro bono work, but pro bono work is not compulsory. In 2007 in Sydney 87% of lawyers worked on a pro bono matter. Key pro bono projects currently undertaken by the firm are: Victims Compensation applications Estate planning for parents and carers of people with disability Secondments to: Mount Druitt and Area Community Legal Centre, Lou s Place, The Exodus Foundation and the Northern Australian Aboriginal Justice Agency in Katherine (NT). Areas of Specialisation or Interest Blake Dawson has a particular focus on issues affecting: People with intellectual disability or mental illness and their carers; People and organisations in rural, regional and remote areas; and Indigenous Australians. The firm does most of its pro bono work in the following areas: Employment and industrial law Victims Compensation Wills and Estate for people with disabilities Incorporation advice and other legal assistance for nonprofit organisations 22

25 Types of Pro Bono Work Undertaken Blake Dawson carries out pro bono work in the following ways: Secondments to community legal centres and welfare organisations; Acting in major legal projects and test case litigation as well as day to day matters; Legal opinions and advice to individuals and nonprofit organisations; Drafting of contracts and other documents; Law and policy reform; Community legal education; Research and negotiation on behalf of pro bono clients; Legal clinics at welfare organisations run both by Blake Dawson (in Sydney) and through PILCH (in Brisbane and Melbourne). Eligibility Criteria The firm undertakes pro bono work in the following circumstances: People who are disadvantaged or marginalised; Organisations assisting people who are disadvantaged or marginalised; and Work for the public good on matters of broad public or community concern. Costs and Disbursements Policy Blake Dawson meets the disbursements for pro bono work up to $100,000 per annum. Internal disbursements are not charged in pro bono matters. If the client (particularly where the client is an organisation) can pay disbursements, Blake Dawson will ask the client to pay. Alternatively, Blake Dawson will attempt to find assistance with disbursements from Legal Aid or the Law Society trust fund, but can at its discretion also carry disbursements on pro bono matters. In litigation matters in costs jurisdictions, Blake Dawson will attempt to recover disbursements from the other party if it is successful. Ways Pro Bono Work is Encouraged Amongst Staff All lawyers are encouraged to become involved in pro bono work from the time they commence working for the firm. Lawyers are engaged in providing a range of legal services from advice, to acting in litigation and transactional work, to law reform and policy work. In line with the firm s philosophy that pro bono work is part of its lawyers professional responsibility, pro bono work is supervised and credited in the same way as for commercial matters, meaning that pro bono work is counted as part of lawyers billable or target hours and goes towards their annual budget. The firm s pro bono program is governed by formal policies, guidelines and procedures. The policy is communicated via the intranet, internal articles and reporting, firm briefings and on induction to Blake Dawson. Work performed on pro bono matters forms part of the appraisal process for lawyers. Sources of Referral Blake Dawson receives most of their pro bono work through: Direct requests from community legal centres and Legal Aid; and Referrals from staff members FIRM PROFILES Blake Dawson 23

26 Pro Bono Practices Community Service Blake Dawson has a formal Volunteering and Charitable Donations Policy as part of its broader Corporate Social Responsibility Policy. This is administered by the Charitable Donations and Volunteering Committee. The firm encourages and supports staff-backed initiatives for wider community services. Blake Dawson also provides the wider resources of the firm to support community organisations including the provision of meeting rooms, training, library support, graphic design and administrative support. Outlook Over the next 12 months Blake Dawson aims to meet or exceed its obligations under the National Pro Bono Aspirational Target of an average of at least 35 hours per lawyer per year. Blake Dawson hopes to continue to work closely with the community legal sector and with nonprofit clients to understand the legal needs of people in the community and to identify clients who may benefit from pro bono services. 24

27 FIRM PROFILES Clayton Utz Clayton Utz Sydney Office Location Level O Connell Street Sydney NSW 2000 P: (02) F: (02) The People Over 45 Partners (Sydney Office) Over 150 Lawyers (Sydney Office) Other Australian Offices Brisbane, Canberra, Darwin, Melbourne, Perth The Contacts National Co-ordinator David Hillard Pro Bono Partner P: (02) E: dhillard@claytonutz.com Pro Bono Philosophy It is part of each lawyer s inherent professional responsibility to be involved in pro bono work. Acting for pro bono clients makes for better, more well-rounded lawyers. SNAPSHOT Encourages and undertakes pro bono work Pro bono work is a mandatory requirement Has written pro bono policy Has pro bono co-ordinator or committee Pro Bono work counted towards lawyers billable hours Pro Bono work taken into account in performance appraisal Meets external disbursements for pro bono work Has a charitable foundation Has a workplace giving program Has a community service program Sydney Office Co-ordinator Belinda Wilson Pro Bono Senior Associate P: (02) E: bwilson@claytonutz.com 25

28 Pro Bono Practices Practice Areas of the Firm Administrative Incorporation of Associations Commercial Litigation/Corporate/Tax/Compliance Consumer/Trade Practices Constitutional Defamation Discrimination Employment/Industrial Environment/Planning Housing/Tenancy Immigration Insurance/Superannuation Intellectual Property Privacy Property Professional Regulation Public Utilities and Services Overview Clayton Utz formalised its pro bono program in Since then, the firm has acted in more than 3,200 pro bono matters, and contributed more than 200,000 hours of pro bono work. In November 2005, Clayton Utz promoted its Pro Bono Director to Pro Bono Partner. The Sydney office also has a full time Pro Bono Senior Associate. Clayton Utz is a foundation signatory to the National Pro Bono Aspirational Target. Clayton Utz s key pro bono projects in Sydney include the Our Place Legal Clinic, Discrimination Law project, Victims Compensation Tribunal project and the Coronial Inquest project. Clayton Utz performs approximately 2,800 hours of pro bono work each month across all its offices. Pro bono work is mandatory for every solicitor as part of their ordinary practice, forming part of their annual review. Around 76 90% of Clayton Utz lawyers engage in pro bono work. Male and female lawyers are represented equally the firm s pro bono work. In December 2003, the firm launched the Clayton Utz Foundation, and in early 2004 it branded all of its community activities Community Connect. This encompasses the firm s pro bono legal practice, its community involvement programs and the Clayton Utz Foundation. Areas of Specialisation or Interest Clayton Utz s pro bono efforts target individuals who are unable to obtain Legal Aid and nonprofit organisations or charitable bodies unable to afford appropriate legal representation. The firm has a significant focus on providing pro bono assistance in regional and rural areas. The firm does most of its pro bono work in the following areas: Discrimination Law Commercial/Tax law Employment/Industrial law Incorporation of Associations 26

29 FIRM PROFILES Clayton Utz Victim s Compensation Homelessness legal issues Types of Pro Bono Work Undertaken Clayton Utz carries out pro bono work in the following ways: Free legal work for persons or groups who do not qualify for legal aid and cannot afford legal assistance; Free legal work for nonprofit organisations (e.g. charitable and community organisations); Free legal work for public good or public interest. Secondments; and A number of external legal clinics. Eligibility Criteria As a guideline, the firm does not ordinarily accept work on behalf of individuals who earn more than $35,000 per annum, and families who earn more than $60,000 per annum. Pro bono clients must also have $30,000 or less in net assets (excluding the individual s principal place of residence and superannuation). Clayton Utz specifically excludes free work undertaken for business development purposes, private educational institutions, or for employees, their family acquaintances or paying clients. Pro bono assistance is not available to religious organisations in relation to their core religious activities. However, essentially secular community activities conducted by a religious organisation can be considered for pro bono assistance. Costs and Disbursements Policy Clayton Utz will cover the first $200 of internal disbursements (e.g. Photocopying, faxes, telephone calls and the like), and $150 of external disbursements (e.g. Counsel fees, court filing fees, and the like) incurred on each pro bono file. Ways Pro Bono Work is Encouraged Amongst Staff The pro bono policy is communicated to the firm through the intranet, internal articles and on induction into the firm. Pro bono work is recognised as part of each solicitor s professional performance and is billed like other legal work. Sources of Referral Clayton Utz receives most of its pro bono work from direct requests from community organisations, referrals from community legal centres, referrals from the Anti-Discrimination Board and from the Human Rights and Equal Opportunity Commission. Community Service Clayton Utz has a formal written Community Service policy. Through Community Connect Clayton Utz provides opportunities for all partners and staff to become involved in the community via the provision of volunteering opportunities and fund raising initiatives. The firm s community involvement focuses on encouraging reading in children and young people. To that end, Clayton Utz has established community partnerships with a number of charities such as Ardoch Youth Foundation, Daystar Foundation, UnitingCare Burnside, Adult Multicultural Education Services and Indij Readers with whom the firm develops programs to support these initiatives. Through the Clayton Utz Foundation, the firm provides financial grants to those charities that have a 27